Terms and Conditions of Use and Privacy Policy
By using the txCreative website (txCreative.com), you agree to these Terms and Conditions of Use. If you do not agree to these terms and conditions, then do not use the Website.
Ownership- Copyright and Trademarks.
This Site is protected by U.S. and international copyright and trademark laws. The
entire content of this Site, including but not limited to text, design,
graphics, interfaces, or code and the selection and arrangement thereof
is protected as a collective work under the U.S. and other copyright
laws, and is the property of txCreative LLC. The collective work includes works
licensed to txCreative LLC. Copyright 1995-2010. ALL RIGHTS RESERVED. All
trademarks, service marks, and trade names on this Site are the
property of txCreative LLC or other respective owners that have granted txCreative LLC the
right and license to use such use.
Your Use of the Site.
Our site is for noncommercial, informational use only.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the
txCreative LLC site.
You may not upload content onto the Site, except for providing your
contact information where requested on the “Contact Us” page. We are
under no obligation to respond to any request for communication from
any user of the Site.
Unsolicited Materials.
txCreative LLC does not accept
unsolicited ideas of any kind. Please do not send campaign ideas,
creative materials, or any other idea for use in advertising. The
purpose of this policy is to avoid disputes, when similarities exist
between actual advertising created by txCreative LLC and ideas submitted to us.
Any ideas or materials that are submitted to txCreative LLC, become txCreative LLC
property, will not be returned, and may be used without notice or
compensation to the sender.
txCreative LLC Privacy Policy.
A. What Information is Collected.
txCreative LLC collects two types of
information from users of the site. We collect personal information if
you provide it to us on the "Contact Us" page. We use this information
only to respond to your requests for contact with us. We use reasonable
efforts to treat as confidential any information you provide to us.
The other type of information we collect is aggregate information, such as information about how many visitors log on to our site, what pages they access, and similar information.
B. Data Sharing.
txCreative LLC will not trade, sell or share your
personal information for use by any business without your consent,
unless required by law or unless we so notify you when the information
is collected. Any personal information you may provide to us will be
stored in the txCreative LLC databases, which are located in the United States.
C. Cookies.
Cookies help make it easier for users to use our Site. Cookies are text
information files that your web browser places on your computer when
you visit a website. txCreative LLC may use cookie technology to obtain
non-personal information from users. Most browsers accept cookies
automatically, but can be configured not to accept them or to indicate
when a cookie is being sent. txCreative LLC may also use "web-beacons" to access
information contained in cookies. If you choose, you can disable
cookies, which will allow you to visit our Site without telling us who
you are or revealing personal information about yourself.
D. Client Security.
We take steps to make all information as secure as reasonably possible
against unauthorized access and use. Our privacy practices are
consistent with the European Union Data Protection Directive through
the U.S. Department of Commerce Safe Harbor Program. If you have any
complaint regarding our compliance with Safe Harbor, please contact:
info@txcreative.com.
E. Children's Privacy.
Our site is not directed to children and
not intended for use by children. In providing services for our
clients, we take into consideration applicable national and
international laws and regulations on children's privacy.
Links to Third-Party Sites.
As a convenience to
you, this Site may contain links to other websites that are owned by
third parties not affiliated with txCreative LLC ("Third-Party Sites"). These
Third-Party Sites are not under txCreative LLC control, consequently we do not
assume responsibility for their content or for any damages arising from
their use. In providing links to these Third-Party Sites, txCreative LLC is
merely acting as a passive conduit for the distribution of information.
Our Right to Modify These Terms.
We reserve the
right to modify these terms and conditions at any time, upon replacing
these terms and conditions with a modified version. It is the
obligation of the user of this site to read the posted terms and
conditions at the time the user accesses the site, and to determine
whether the user is in agreement with them.
Disclaimers.
This Site and all materials,
information, services and products on this Site, including without
limitation, text, graphics and links, are provided "as is" and without
warranties of any kind, express or implied.
txCreative LLC makes no warranties as to accuracy or completeness of this Site’s content, and assumes no responsibilities for any errors or omissions in such content.
txCreative LLC makes no warranties that this Site will be free of computer viruses. Third parties may attach computer viruses to this Site without our knowledge.
txCreative LLC makes no warranties that the contents of this Site are non-infringing.
TO THE FULLEST EXTENT OF APPLICABLE LAW, txCreative LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. txCreative LLC DOES NOT WARRANT THAT THE FUNCTIONING OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER THAT MAKES THE SITE AVAILABLE) ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. txCreative LLC DOES NOT MAKE ANY WARRANTIES REGARDING ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE.
Limitation of Liability.
IN NO EVENT SHALL txCreative LLC BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF
txCreative LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF, OR
IN CONNECTION WITH, THE USE, INABILITY TO USE, OR ACCURACY OR
PERFORMANCE OF, THIS SITE. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING
LIMITATION MAY NOT APPLY IN SOME JURISDICTIONS WHICH DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Indemnification.
You agree to indemnify, defend,
and hold harmless txCreative LLC, its officers, directors, employees, agents,
licensors and suppliers from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your
Internet account and activities including negligent or wrongful conduct
by you or any other person accessing the Site.
Applicable Law.
Your use of this Site is governed
by the laws of the State of Texas, U.S.A., without regard to conflicts
of laws provisions. The courts of Denton County, Texas shall have
exclusive jurisdiction of any legal proceeding relating to this Site.
Any claim or cause of action relating to this Site must be brought
within one (1) year after such claim or cause of action arises. If txCreative LLC
should fail to enforce strict performance of any of these Terms and
Conditions, the same shall not be construed as a waiver. Neither course
of conduct nor industry trade practices shall operate to modify these
Terms and Conditions.
Our Address.
txCreative LLC
P.O Box 5654
Frisco, TX 75035
